1989 03-14
A G E N D A
MERIDIAN PLANNING & ZCNING
MARCH 14, 1989
ITEM:
MINUPES OF THE PREVIOUS MEETING HELD FEBRUARY 14, 1989: (APPROVED)
1: PUBLIC HEARING: APPLICATION FOR CONDITIONAL USE PERMIT BY DEBI CAVANAUGH:
(FIIVDINGS TO BE PREPARID)
2: PUBLIC HEARING: PRELIMINARY & FINAL PLAT ON OVERLAND WEST INDUSTRIAL PARK: (APPROVED)
MERIDIAN PLANNING & ZONING MARCH 14, 1989
Regular Meeting of the Meridian Planning & Zoning Cotcanission called to order by Chairman
Jim Johnson at 7:30 p.m.:
Members Present: Jim Shearer, Charles Rountree, Tim Hepper:
Others Present: Terry Harper, Debi Cavanaugh, Ron Van Aucker, Dave Roylance, Brad
Hoagland, Jerry Mc Curdy, Teresa Irxkridge, Jay Ec~minds, Wayne Crookston:
The Motion was made by Rountree and seconded by Hepper to approve the Minutes of the
previous Meeting held February 14, 1989 as written:
Item #1: Public Hearing:Application for Conditional Use Permit by Debi Cavanaugh:
Cha;rman Johnson: This is a Public Hearing and I will now open the Hearing, Is Debi
Cavanaugh present and if so would dhe come forward and be sworn and make any cements
she has regarding this application.
Debi Cavanaugh, 581 Lynhurst, Cavanaugh was sworn by the City Attorney:
Cavanaugh: I have for the Ce:¢nission a copy of the schedule of my day care operations,
(on file withthese minutes) the hours are free 7 a.m. to 6 p.m. five days a week Monday
through Friday, I have 12 children enrolled but at the prensent time only have 11
children total. I also have statements from the neighbors regarding the traffic
stating the traffic does't create any problems fmr~ than; (on file with these minutes)
Regarding the water usage my sister and her four children lived with me during the
period of 1987 & 1988 and even after they moved I let her do her washing at my hare.
Cha;,T,an Johnson: Are there any questions of Mrs. Cavanaugh?
Rountree: Are these children all Meridian residents?
Cavanaugh: Two of them are fren Kona, the balance are Meridian residents:
Cha;r~n Johnson: Are there any other questions of Mrs. Cavanaugh? There were none:
Is there anyone else fren the Public who wishes to testify in the matter?
Teresa Harper, 582 Kearney Place, Harper was sworn by the City Attorney:
Harper: We have lived next door to the Cavanaughs for four years and this operation
has created no problans, she watches the children very well and the traffic does't
create any problans of any kind;
Chairman Johnson: Is there anyone else free the Public who wishes to offer testimony
on this request?
Brad Hoagland, 590 Lynhurst, Hoagland was sworn by the City Attorney:
Hoagland: ;I adjoin Mrs. Cavanaugh on the east and have had no problems with her
operations and the traffic has not created any problans in the neighborhood:
Chairman Johnson: Is there anyone else fren the Public who wishes to testify on this
request?
MERIDLAN PLANNING & ZONIN~ •
MARCH 14, 1989
PAGE #2
Jerry McC~irdy, 580 Lynhurst, Mc('urdy was sworn by the City Attorney:
Nk.Clzrdy: I live in the culdesac and the traffic doesn't create any probl~ns and
the day care operations is no problem
Chairman Johnson: Is the anyone else from the Public who wishes to offer testimony
on this application?
Teresa Laughridge, 550 Lynhurst, Laughridge was sworn by the City Attorney:
Iaughridge: I work and Mrs. Cavanaugh takes care of my child, there does not seen
to be any problem with the traffic in the area at alb, the children are picked up at
different times:
Cha;rman Johnson: Is there anyone else who wishes to testify on this request? There
was no response the Public Hearing was closed. Are there any questions or caanents
from the Ca~mission?
Shearer: I was wrondering if this could be approved as we agreed not to go against
subdivision covenants:
City Clerk: I gave the Commission a notice dated February 27, 1989 with a copy of
the amended covenants that allowed this. Commissioner Shearer was shown this item:
Chairman Johnson: Any other coicments or questions, there was no response, we will
need a Notion to have the City Attorney prepare Finding on this:
The Motion was made by Rountree and seconded by Shearer to have the City Attorney
prepare Findings of Fact & Conclusions of Law and have the Findings show a favorable
recamlendation of approval to the City Council:
Notion Carried: All Yea:
Item #2: Public Hearing: Prel;m;narv & Final Plat of Overland West Industrial Park:
Chairman Johnson: I will now open the Public Hearing, is there a representative of
this project present?
Dave Roylance, Roylance & Associates, Boise, Idaho: Roylance was sworn by the City
Attorney:
Roylance: The Commission have our application and the plat on the subdivision, if
you have any questions I will be happy to answer them:
Chairman Johnson: Have you reviewed the City Engineers cce~a:tents?
Roylance: Yes, we received his letter and have made the necessary revisions on
both the preliminary & final plat and have been in contact with him about the
necessary changes. We did forward a revised preliminary plat to the City Engineer,
along with plans for the utilities. As far as ACHD requirements we would appreciate
not having to install the curbs, gutters and sidewalks along Overland Road and
along Teare Avenue.
Cha;~n Johnson: Any questions or ca~ents of the Commussion Members?
Shearer: In looking at this preliminary plat, I would think that you might want to
review the access to Lot 2, it seem that there could be some problem with the way
MERIDIAN P & Z • •
MARCH 14, 1989
PACE # 3
the access is designed especially if there is truck traffic to that lot to have to
make that kind of turn:
Roylance: That is a point well taken and we will look further into this:
Rountree: Nothing has be mentioned about the additional right-a-way ACRD is requesting,
does this present any problems:
Roylance: The developer is willing to deed the additional right-a-way that is needed.
Rountree: If I understand you right, the developer is not wanting to make the curb,
gutter &sidewalk improvements.
Roylance: That is correct, we believe that a better way to do that is with an LID when
more of the property in the area is developed.
Hepper: I am familiar with Teare Avenue and wonder being that was built as a residential
subdivision access if it would hold up for this type of use and who would be responsible
for the repairs on it:
City Clerk: It is a dedicated public right-a-way so I guess P!'I37,7 would be responsible
for the maintenance of it:
Chairman Johnson: I used to live in the area and it is not a very good road, I also
have sane concern about this kind of useage, are there any more cannents or questions
of the Cacmission, there was no response, is there anyone else from the Public who
wishes to offer testimony on this request?
Ron Van Aucker, Caldwell, Idaho, VanAucker was sworn by the City Attorney:
Van Aucker: On the access to Lot 2, I think the Boy Scouts of Amorica are going to
build on that lot and therefore most of the traffic would be cars & autanobiles so
the desigg we have shown could possibl~k-,- be alright. The other lot is a]most for
certain sold to Friedman Bag Company and they also have an option on the other lot
for future expansion; We do not have any problems in deeding the required extra
footage for future right-a-way the ACHD has requested but would again ask that the
other requiranerits for curbs, gutter & sidewalks along Overland Road & Teare Ave.
not be a part of the approval as I personally believe that a LID at a future date
is a better approach to this when more of the property is developed, one problem is
a section like this never Beans to match when the rest is installed at a later date
generally what is already there has to be removed.
Cha~rrrun Johnson: Are there any questions of Mr. Van Aucker,. there was no response,
is there anyone else fran the Public who wishes to offer testimony on this request?
Jay F.chnunds, 1500 South Teare Ave, Mr. Edmunds was sworn by the City Attorney:
Eclnunds: I guess I have a couple of questions rather than testimony, one is will
my irrigation water be protected and if lighting is installed will it be so that
it doesn't reflect on my property:
Mr. Edmunds was assured that the irrigation would be preserved and that if any
lighting installed it would not affect his property, it would be installed so
there would be no direct rays on his property as per the City Ordinance:
Chairman Johnson: Is there anyone else from the Public who wishes to offer testimony?
There was no response, the Pxib~-mac Hearing was closed, if there are no other questions
MERIDIAN P & Z • •
MARCH 14, 1989
PAGE # 4
or caYments from the Canmission, I would entertain a motion on this request:
The Notion was made by Hepper and seconded by Shearer to recannend approval by the
City Council of the Preliminary Plat of Overland West Industrial Park:
Notion Carried: A11 Yea:
Being no further business to cane before the Cacmission the Motion was made by
Rountree and seconded by Shearer to adjourn at 8:15 p.m.:
Notion Carried: All Yea:
APP
~~
JIM' J HN ON, C RMAN
_. ~ __,
Mail (2)
File (2)
Atty, Eng, Fire
Police, Ward, Stuart
Hallett, Stutzman, Gass
Valley News, Statesman
ACHD, NINID, ACC, CDH,
SID
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
DEBRA. L. CAVANAUGH
CONDITIONAL USE PERMIT
581 LYNNHURST
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
March 14, 1989, at the hour of 7:30 o'clock p.m., the Petitioner
appearing in person, the Planning and Zoning Commission of the
City of Meridian having duly considered the evidence and the
matter makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for March 14, 1989, the first
publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the March 14,
1989, hearing; that the public will be given full opportunity to
express comments and submit evidence; and that copies of all
AMBROSE,
FITZGERALD
6 CROOKSTON
Attorneys en0
Counsabre
V.O. Box IZT
Mer101sn, IEa~o
89812
Talepflone BB8y181
notices were made available to newspaper, radio and television
stations;
2. That this property is located within the City of
Meridian and is owned by Petitioner and is described in the
application which description is incorporated herein.
3. That the property is zoned R-8 Residential, which
requires a conditional use permit for the operation of a day
care center, caring for less than 13 children, which is the use
the application requests; that such use requires a conditional
use permit in any zone where allowed.
4. That the R-8 District is described in the Zoning
Ordinance, 11-2-408 B. 2 as follows:
(R-8) MEDIUM DENSITY_ RESIDENTIAL DISTRICT:
The purpose of the (R-8) District~is to
permit the establishment of single and two
(2) family dwellings at a density not
exceeding eight (8) dwelling units per acre.
This district delineates those areas where
such development has or is likely to occur
in accord with the Comprehensive Plan of the
City and is also designed to permit the
conversion of large homes into two (2)
family dwellings in well-established
neighborhoods of comparable land use.
Connection to the Municipal Water and Sewer
systems of the City of Meridian is required.
AMBROSE,
PITZGERALD
6 CROOKSTON
Attorneys end
Counaelora
P.O. Box d2]
Maritlian, Idaho
83802
Telephone 8881081
5. That the day care use proposed by Applicant is an
allowed conditional use in the R-8 district if it does not
violate subdivision covenants or deed restrictions.
6. That the other property in the area is used
residentially.
7. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission
have been given and followed.
8. That the subject property is presently used as a
residence and a day care, but without approval.
9. Traffic will not be a problem.
10, The basement area has been converted for use as a play
area for the children being cared for. There is also a separate
area witYiin the house that can be used for the children when
they are napping.
11. That sewer and water is already connected to the
property, but the use may require additional charges or fees.
12. The subdivision in which the property is located has
covenants and restrictions which allow only residential uses;
that the operation of a day care center is a commercial use;
that Petitioner has obtained an amendment to the covenants and
restrictions to allow the operation of a day care center caring
for not more than twelve (12) children on the subject property.
13. That the applicant has obtained the required 758 of
the signatures of owners of lots within 300 feet of the subject
AM BROSE,
FITZGERALO
B CROOKSTON
Atlomeya and
Counselors
R.G. BOY ail
MarlElen, IoNo
BJSaZ
Tslepoone BBB~aa81
property showing approval of the application.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property; including obtaining the consent of 758 of the owners
of property within 300 feet of the external boundaries of the
Applicant's property.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant
to 11-2-418 of the Revised and Complied Ordinances of the City
of Meridian, Idaho;
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the
property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-
418(D) of the Revised and Compiled Ordinances of the City of
Meridian, Idaho;
4. That 11-2-418(0) of the Revised and Compiled
Ordinances of the City of Meridian sets forth the standards
under which the Planning and Zoning Commission and the City
Council shall review applications for Conditional Use Permits;
AMeROSE,
FITZG ERAIO
6 CROOKSTON
Altorneye en0
Counselors
R.o. eo. asT
Merlelen, IEeflo
83M2
Teleplwne 888-N81
that upon a review of those requirements and a review of the
facts presented and the conditions of the area, the Planning and
Zoning Commission preliminarily concludes as follows:
a. The use, would in fact, constitute a
conditional use and a conditional use permit
would be required by ordinance.
b. The use would be harmonious with and in
accordance with the Comprehensive Plan but
the Zoning Ordinance requires a conditional
use permit to allow the use.
c. The use apparently would be designed
and constructed, to be harmonious in
appearance with the intended character of
the general vicinity.
d. That the use would not be hazardous nor
should it be disturbing to existing or
future neighboring uses.
e. The property has sewer and water
service available.
f. The use would not create excessive
additional requirements at public cost for
public facilities and services and the use
would not be detrimental to the economic
welfare of the community.
g. The use would not involve a use,
activity, process, material, equipment or
conditions of operation that would be
detrimental to person, property or the
general welfare by reason of excessive
production of traffic or noise.
h. That sufficient parking for the
property and the proposed use will be
required.
AMBROSE,
FITZG ERALD
E CROOKSTON
Allorney! lnE
C.OUn!l1016
P.O. Bo! ~2]
MerltllAn, IAefto
&'182
TalepMne BB&N81
i. The development and uses will not
result in the destruction, loss or damage of
a natural or scenic feature of major
importance.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of FAct and Conclusions.
ROLL CALL:
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED `/
~.___
VOTED `~
VOTED ~>~/
VOTED ~
-;-
VOTED
DECISION AND RECOMMENDATION
AMBROSE,
FIT2GERALD
S CROOKSTON
Atiwneya entl
Counsalora
P.O. Boy 42]
Meritllan, Idaho
83862
Telephone BBB-N87
The Meridian Planning and Zoning Commission hereby
recommends to the City Council of the City of Meridian that they
approve the Conditional Use Permit requested by the Applicant
for the property described in the application with the
conditions set forth in the Findings of Fact and Conclusions of
Law and that the property be required to meet the water and
sewer requirements, the fire and life safety codes, and the
Uniform Building Code, and other Ordinances of the City of
Meridian.
.~fi,
MOTION:
APPROVED: ~`' j' DISAPPROVED:
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